MBNA and CUETS Financial Privacy and Personal Information Protection Notice

Transcription

1 MBNA and CUETS Financial Privacy and Personal Information Protection Notice MBNA and CUETS Financial are each a division of The Toronto-Dominion Bank and are collectively one of the largest MasterCard credit card issuers in Canada. Our financial products and services are endorsed by hundreds of organizations and financial institutions. We back our financial products and services with top quality service. Collecting, protecting, using, sharing, disclosing, and retaining information about you helps us do this. This notice (the MBNA and CUETS Financial Privacy Notice ) explains our personal information collection, protection, use, sharing, disclosure and retention practices as they relate to your MBNA and/or CUETS Financial accounts and lets you choose whether we may share certain information about you. Scope and Definitions Note that the MBNA and CUETS Financial Privacy Notice does not relate to any personal information practices of The Toronto-Dominion Bank in relation to any other account you may have with The Toronto- Dominion Bank or any other member of the TD Bank Group. Our privacy practices include the MBNA and CUETS Financial Internet Privacy Practices set out at the end of this MBNA and CUETS Financial Privacy Notice, which address how we collect, use and safeguard the personal information you provide to us on our Web site. For the purposes of this MBNA and CUETS Financial Privacy Notice, the following terms shall have the following meanings: Account means the credit card or other account opened by us, and any credit card or other credit device issued by us in connection with your account. Authorized User and/or Secondary User means an individual who you have requested be added to your Account. Co-Brand Relationships means two or more organizations that display their respective brands on one product. CUETS Financial means CUETS Financial, a division of The Toronto-Dominion Bank. Endorsing Financial Institutions means a financial institution that supports a particular MBNA or CUETS Financial product and any related service. Endorsing Organizations means any organization that supports a particular MBNA or CUETS Financial product and any related service. MBNA means MBNA, a division of The Toronto-Dominion Bank. Personal Information means any information relating to an individual which allows that individual to be identified, including but not limited to your name, address, date of birth, gender, contact information (such as address, telephone number, ), occupation, personal financial records (including but not limited to income, assets, payment history, credit records, and other banking information), identification documentation (such as driver s license, Social Insurance Number), records that reflect your business dealings with and through us, and your preferences and activities. Primary Cardholder means the person that applied for the Account and in whose name we opened the Account. 1

2 TD Bank Group ( TD ) means The Toronto-Dominion Bank and its subsidiaries and affiliates, collectively known as the TD Bank Group who provide deposit, investment, loan, securities, trust, insurance and other products and services. World-wide subsidiaries and affiliates of TD include but are not limited to TD Canada Trust (Canada); TD Bank (US); TD Commercial Banking (Canada); TD Insurance; TD Auto Finance (Canada/United States); TD Waterhouse (Canada); TD Asset Management; TD Wealth (U.S.); TD Ameritrade (U.S.); TD Direct Investing (U.K.); TD Securities; Meloche Monnex. We, us, and our mean MBNA and CUETS Financial, each a division of The Toronto-Dominion Bank and any of our respective affiliates collectively known as TD Bank Group, agents and service providers. You and your mean the person in whose name we have opened an Account and includes Authorized Users and Secondary Users, as applicable, and any guarantors, or personal or authorized representatives on your Account. Personal Information Collection, Protection, Use, Sharing, Disclosing and Retention We collect only Personal Information that is needed and we tell you how we use it. 1. We collect, protect, use, share, disclose and retain Personal Information for the general purposes set out below to: a) consider initiating and to initiate, open, monitor, maintain, service, process, analyze, audit and collect any Account you may have with us, including disclosing or exchanging Personal Information with credit reporting agencies, credit bureaus, other financial institutions, service providers, affiliates, other third parties, and/or any other person, corporation, firm or enterprise with whom you have or propose to have a relationship and to use other third party databases (including registries and licensing authorities) or references provided by you to obtain or verify information about your financial circumstances, your background or to identify you; to develop our relationship with you; to offer products and services; and to analyze and manage our business, including evaluating the needs, wants, and satisfaction levels of our customers; b) administer services, evaluate your credit eligibility, and monitor (i) your purchases, (ii) your Account balances, (iii) your fees, (iv) your payment history, (v) parties to transactions, (vi) your payments and (vii) your credit card usage, each for the purposes set out in this MBNA and CUETS Financial Privacy Notice; c) verify your identity (or that of any Authorized or Secondary User) concerning the Account and maintain security measures aimed at protecting you from identity theft, fraud, money laundering and terrorist financing and unauthorized access to your Account and Personal Information; d) meet legal, security, processing and regulatory requirements, including Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers; e) prevent, detect, or suppress fraud, financial abuse or criminal activity, protect our assets and interests, assist us with any internal or external investigation into potentially illegal or suspicious activity, or manage or settle any actual or potential loss in connection with the foregoing, including sharing Personal Information with any person or organization; f) promote and market products and services offered by MBNA and CUETS Financial, affiliates, endorsing organizations or carefully selected companies, which are directly related to the Account (such as balance transfers and alternative payment methods), by means of direct marketing, marketing through ordinary mail, internet, online chat, , telephone, mobile, text message or other available communication channels (e.g. automatic dialing-announcing devices ( ADAD ), predictive dialing device ( PDD ), wireless device, land line telephone, fax machine, data terminal, or other electronic communications) using the contact information you have provided us; we may also send you special offers with your statements or in separate mailings that include access cheques to access your credit card Account; g) provide CUETS Financial customers Personal Information to their respective credit union/caisse populaire (including affiliates as permitted by law) for the purposes of service and administration, including as follows (i) providing such customers with information and offers on products and services that their credit union/caisse populaire believes may be of interest, (ii) administering and analyzing customer satisfaction surveys, (iii) fulfilling requests that these customers may make about their products and services; and (iv) providing information such as Social Insurance Number and date of birth for matching and security verification purposes; 2

3 h) promote and market products and services offered by selected companies which are not directly related to the financial product or service we are providing to you (also known as secondary marketing), such as long distance or cellular telephone service, credit insurance, and card registry services by means of direct marketing, marketing through ordinary mail, internet, online chat, , telephone, text message, or other available communication channels (e.g. ADAD, PDD, wireless device, land line telephone, fax machine, data terminal, or other electronic communication methods) using the contact information you have provided us. You consent to and accept this as written notice of us collecting, using, sharing, disclosing, and retaining any Account, credit, Personal Information from you or about you at any time, from, to or with any service providers in relation to the servicing, processing, communication, sales, marketing and telemarketing, and management services as directed by us. Our third party service providers include but are not limited to: Bank of America Corporation and its affiliates (Bank of America, N.A.; FIA Card Services, N.A.; MBNA Europe Ltd.; MBNA Technology, Inc.; and MBNA Marketing Systems, Inc.). If your Account is issued on behalf of an Endorsing Financial Institution, such as your local bank or credit union, we may share all Personal Information collected with such Endorsing Financial Institution, including its agents and/or brokers. Sharing Information within TD Bank Group We may share information about you with TD Bank Group world-wide subsidiaries and affiliates, other than healthrelated information, for the following purposes: to manage your total relationship within TD Bank Group, including servicing your accounts and maintaining consistent and up to date information about you; to manage credit risk and other business risks and operations, including to collect a debt owed by you; to comply with legal and regulatory requirements. Please note: You may not withdraw consent for this sharing as outlined above. Customer Choices on How Your Personal Information Is Used At the beginning of a customer relationship and on a regular basis, we give customers the choice of not receiving promotions and marketing offers and/or sharing with your respective credit union/caisse populaire for CUETS Financial customers. You will receive no promotions and marketing offers for the first 30 days after the opening of your Account to provide you with the opportunity to make your privacy choice known to us. If you do not wish to receive promotions and marketing offers or share your Personal Information with your credit union/caisse populaire at any time after your Account has been opened, please call us at or by writing to us at MBNA, Privacy Office, P.O. Box 9660, Station T, Ottawa, ON K1G 6M9. Your request will be processed promptly but may not be captured for promotions already in progress. We cannot accept suppression requests via customers must call or notify us in writing. Suppression request instructions are accepted from the Primary Cardholder only. All suppression requests shall be valid for a minimum period of 3 years and 31 days starting from the date they are received. Subject to legal and contractual restrictions, you may withdraw your consent at any time after your Account has been opened with reasonable notice. This will not limit information we may provide to you in statements, when you contact us, or when you opt-in and/or consent to a promotion or marketing offer (such as offers presented through online chat). In addition, we will continue to provide information to our customers in keeping with the nature of their relationship with us. Certain consents are mandatory and cannot be withdrawn. For example, once you have a credit card, you may not withdraw your consent relating to the collection and disclosure of credit information and the monitoring of your credit status and ongoing eligibility for credit. This is necessary to maintain the integrity of the credit granting process. Similarly, you cannot withdraw your consent on matters that are essential to the management of our business, including the disclosure of information when we assign our rights to others 3

4 such as for the sale or collection of debts. If you refuse or withdraw your consent for any purpose required to provide our financial product or service to you, we will no longer be able to provide that product or service to you. You understand that if you withdraw your consent at any time to the monitoring of your credit status or your ongoing eligibility for credit, we will no longer be able to maintain your Account. How We Obtain Your Consent It is important to understand the different ways that we may obtain your consent to collect, use, disclose, and share your Personal Information. Depending on the situation and the sensitivity of the information, we may obtain your consent in different ways. Consent may be obtained verbally, online, or in writing from you. Consent may also be obtained through your use of a product, or when you approach us to obtain information, inquire about or apply for products or services from us. We will not make your consent a condition of obtaining a product or service, unless it is reasonably or legally required. Retention of Personal Information The length of time we keep your information will vary depending on the product or service and the nature of the Personal Information. We have retention standards that meet customer service, legal and regulatory requirements. For these reasons, we may keep your information beyond the end of your relationship with us. When the information is no longer required, we securely destroy it or delete personally identifiable information. With Whom We May Share Your Personal Information Special Circumstances Information located outside of Canada: Personal Information held on behalf of us by our affiliates, agents and/or service providers may be used, located and accessed in the United States or elsewhere outside of Canada and will be subject to the same levels of security as those described in the MBNA and CUETS Financial Privacy Notice, while also being subject to the laws of the jurisdiction(s) in which the information is held. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these jurisdictions. Sharing for business transactions: We may disclose Personal Information in order to manage our business including when we sell parts or all of our business or assets, insure, sell or securitize assets, merge or amalgamate all or parts of our business, or assign or transfer our rights to others (such as for the sale or collection of debts). This may encompass disclosing on a confidential basis your Personal Information on file (which may include Social Insurance Number if provided) to parties that may be participating in a proposed or an actual business transaction with us. Authorized and/or Secondary Users: Authorized and/or Secondary Users may view, obtain or be provided with Personal Information about your Account, including transactions, through online banking, interactive voice response units, or other communications with us, including discussions initiated by us in respect of possible unauthorized use of your Account or for other reasons. Privacy Terms for Authorized Users and Secondary Users We or our service providers (whether engaged by or on behalf of us or any of our assignees) may collect, use and disclose Personal Information of Authorized Users and Secondary Users such as name and details of their transactions to: initiate, open, monitor, maintain, service, process, analyze, audit and collect on the Account (not 4

5 withstanding that Authorized Users will not be held liable for amounts owing on the Account); protect the Account from identity theft, fraud and unauthorized use and access; and for any purpose required by law. All information on file for Authorized Users may be disclosed to the Primary Applicant. All information may also be shared with any person or entity to which we have assigned or transferred an interest in the Account, or any debt or interest due under the terms to be provided in the Account Agreement, if approved, and/or any of our rights and obligations under the Account Agreement (including any subsequent assignee or transferee). Personal Information Collection and General Account of Use We obtain most of our Personal Information about you directly from you. The Personal Information we ask for depends on which product or service you want. For every product or service, we need your name, address, telephone number, date of birth, occupation, and identification information (either through electronic means or government issued identification). At the time you begin your relationship with us and during the course of our relationship, we may collect Personal Information about you from various sources including from you directly through applications, correspondence or other communications, through the products and services you use, from others with your consent (such as credit reporting agencies and other lenders) or other permitted sources and use it for the purposes described above. Our objective when collecting, using, sharing, disclosing, and retaining Personal Information is to improve the relationship we have with you; provide you with products and services that you will value; reduce the cost associated with maintaining your (and others ) Accounts so that we may continue to provide you with a fairly priced product; reduce unwanted or inappropriate marketing; and protect you from unauthorized access to and use of your Account and Personal Information. **Social Insurance Number (SIN): If you provide your Social Insurance Number (SIN), we will use it to match credit reporting agency information and for security verification and Account maintenance purposes. Disclosure of SIN to match credit bureau information is optional for credit/charge or other loan products. Your SIN allows us to distinguish you from other individuals, particularly those with similar names and helps ensure the accuracy of the information collected and reported. Date of Birth: Date of birth is required in certain circumstances to comply with Know Your Customer standards and for security reasons. It also allows us to determine your eligibility for certain products or services. Financial Information: Financial information may include other account records, financial statements, tax returns, employment income, and credit information. This is used to assess your eligibility for any credit product. We may collect information from you and service providers with whom you may have arrangements to provide those services (for example when you set up bill payments to your account). We will use your Personal Information, including transaction records that reflect your business dealings with and through us, to analyze your activities to help us serve you as a customer and meet your needs. Health Information: In certain appropriate circumstances, we or others providing you products or services through us may ask for health information for specific services (such as insurance) or other requests. This type of information will not be used for any purpose other than to address the specific product, service or request. We will not request or use health information to assess a credit application. Business Client Information: Information essential for fulfilling most financial requests and applications includes your business name, address, contact information, , industry type, financial status, and detail(s) on the owner(s), shareholder(s), ownership structure, account administrator(s), operator(s), authorized users, and officers and director(s). 5

6 , Text message, and Other Electronic Communications: Either through your credit card application or when you send us an or ask us to respond to you by , we learn your exact address and the information you have included in the . We may send customer service and marketing messages to you electronically. Examples of customer service include electronic account statements, collection notices, and other notices. We may also provide payment due, account balance, transaction confirmations, approaching credit limit, payment received and other account alerts. We will not ask you to provide Personal Information or login information, such as username, passwords, PINs, security questions and answers or account numbers, through (either solicited or unsolicited). If you receive an claiming to be from MBNA and/or CUETS Financial that you believe to be fraudulent or otherwise suspicious, do not respond and do not open or click on any links or open attachments contained within the . Please notify us immediately by forwarding a copy of the to us at fraud@mbna.com and delete the immediately after notifying us. Telephone and Online Chat: For our mutual protection, we may monitor and/or record your telephone and/or online chat discussions with our representatives and those acting on our behalf (including affiliates, service providers, and other third parties) to enhance customer service and to confirm our discussions with you. Customers who prefer not to have their calls taped and/or online chat recorded can transact through online banking or through our telephone interactive voice response unit (IVR). Internet and Online Banking: When you are using one of our websites, we may monitor and/or record your browsing habits as described in our Internet Privacy Practices. Politically Exposed Persons: We are required by law to determine whether we have customers who are politically exposed persons and comply with certain legal requirements. There are also regulatory guidelines which indicate we should assess the risk associated with customers who are politically exposed persons. We use Personal Information, publicly available information, commercial database(s) and credit reporting agencies to determine whether you and/or any of your Authorized and Secondary Users are politically exposed persons. More information on politically exposed persons is available at We may also provide your information to other persons in situations where: our suppliers, agents or third parties that perform services for you or for us on our behalf need the information our payment card networks need the information in order to operate or administer the payment card system that supports the Account you have with us, or for any other reasonable purpose, including for any contests or other promotions that they may make available to you we are required or permitted to do so by law or applicable regulators or self-regulatory organizations you have provided your consent The following table describes examples of the type of Personal Information we collect and provides a general account of how we use, share, and disclose it. Source Type of Personal Information General Use Commercially available marketing lists Member lists from organizations endorsing MBNA or CUETS Personally identifiable data including name and address and possibly including telephone numbers, address, language preference or additional information that may be contained in the commercially available marketing lists Personally identifiable data including name and address and, as required, telephone numbers, e- 6 Marketing and survey lists Marketing lists and customer

7 Source Type of Personal Information General Use Financial products and services mail address, language preference or additional information that may be contained in the member lists surveying Information we receive from you through applications, correspondence or other communications Name, postal address, telephone number, (including for text messaging), date of birth, occupation, address, language preference and other information you may choose to provide us Name, postal address, telephone number, date of birth, employer, occupation, mother s maiden name, password, identification documentation (such as driver s license, passport), other bank account information and other information you may choose to provide us Maintaining, updating, and servicing your Account, data processing, market research (including surveying), contests and/or promotions, statistical analysis, modeling, debt collection activities, identification, security, verification, and communication and to prepare and maintain credit reports, marketing our products We may send customer service and marketing communications to you electronically. Examples of customer service include electronic statement, collection and other notices. We may also provide payment due, Account balance, approaching credit limit, payment received, and other Account alerts Security, verification, and to comply with legal, security, processing and regulatory requirements, including law enforcement agency requirements, Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers Prevention, detection, or suppression of fraud, financial abuse, or criminal activity Determine whether we have customers who are politically exposed persons and comply with certain legal requirements Housing, employment, income, value of investments, and other information you may choose to provide us 7 This includes, but is not limited to, anti-money laundering requirements Determine your ability and stability to repay credit obligations at time of application and on an ongoing basis, data processing, market research,

8 Source Type of Personal Information General Use statistical analysis, modeling Information obtained from CUETS Financial from your application, correspondence and other communication Social Insurance Number (SIN) Name, postal address, telephone number (including for text messaging), date of birth, occupation, address, language preference and other information you may choose to provide us Name, postal address, telephone number, date of birth, employer, occupation, mother s maiden name, password, identification documentation (such as driver s license, passport), other bank account information and other information you may choose to provide us Providing SIN is optional for credit products. If you provide your SIN, we will use it to match credit reporting agency information, security verification, and Account maintenance purposes Maintaining, updating, and servicing your Account, data processing, market research (including surveying), contests and/or promotions; statistical analysis, modeling, debt collection activities, identification, security, verification, and communication and to prepare and maintain credit reports, marketing our products Security, verification, and to comply with legal, security, processing and regulatory requirements, including law enforcement agency requirements, Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers Prevention, detection, or suppression of fraud, financial abuse, or criminal activity Determine whether we have customers who are politically exposed persons and comply with certain legal requirements Housing, employment, income, value of investments, and other information you may choose to provide us Social Insurance Number (SIN) 8 This includes, but is not limited to, anti-money laundering requirements Determine your ability and stability to repay credit obligations at time of application and on an ongoing basis, data processing, market research, statistical analysis, modeling Providing SIN is optional for credit products. If you provide

9 Source Type of Personal Information General Use your SIN, we will use it to match credit reporting agency information, security verification, and Account maintenance purposes Member lists from CUETS Financial products and services Personally identifiable data including name and address and possibly including telephone numbers, address, language preference or additional information that may be contained in the member lists Marketing lists and customer surveying Information we receive from third parties and commercial databases, such as credit reporting agencies, financial institutions, government agencies and registries, fraud prevention agencies, law enforcement authorities and public records, other service providers, agents and other organizations with whom you make arrangements, references you have provided, or employers you have reported to us Credit reports and information from identification products, independent data sources (such as 411) and commercial databases Determine your credit eligibility at time of application and for ongoing monitoring of ability to repay credit obligations, statistical analysis, modeling, collect a debt or enforce an obligation owed to us, detect and protect us against error, fraud and other criminal activity, identification and verification, and to comply with legal, security, processing and regulatory requirements, including Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers Maintaining up to date information about you Determine whether we have customers who are politically exposed persons and comply with certain legal requirements Employment status Banking relationship Endorsing Financial Institutions Other financial products owned, length of Identification, and verification of statements you have made to us regarding your employment Determine your ability and stability to repay credit obligations at time of application and on an ongoing basis Identification, and verification of statements you have made to us regarding your employment, credit or other financial relationships Determine your ability and 9

10 Source Type of Personal Information General Use (where applicable and only where you have given permission to the endorsing Financial Institution to share information with us) relationship, value of investments and/or deposits held, mortgage and loan balances, repayment history on loans held, and other information you may have provided to the Financial Institution and agreed to have them provide to us stability to repay credit obligations and to better determine which products may be of interest to you Interactions with us including over the phone, at an ATM, on your mobile device or through e- mail or the Internet (such as online chat), and information on your statements and transactions with and through MBNA and CUETS Financial and with other companies Payment, delinquency and charge off history Purchase and transaction history Rewards information Determine your eligibility for credit and to evaluate, monitor, maintain, service, and collect the Account(s); to develop our relationship with you, and to offer you products and services Maintaining up to date information about you Prevention, detection, or suppression of fraud, financial abuse, or criminal activity, Additional Detail: Personal Information Shared and General Account of Use The following table describes examples of the types of Personal Information we share and provides a general account of how it may be used, shared, and disclosed. MBNA and CUETS Financial Companies with Whom We Share Third party service providers including payment processors, payment network providers (such as (but not limited to) Bank of America Corporation and its affiliates, MasterCard Incorporated and certain carefully selected merchants) Type of Personal Information Shared Name, postal address, telephone number (including for text messaging), date of birth, SIN (if provided), occupation, Account number, expiry date, address, language preference, identification documentation (such as driver s license, passport), and other information you may choose to provide us or that we collect from member lists or from third parties, such as Endorsing Financial Institutions, Endorsing Organizations, credit reporting agencies, financial institutions or employers that you have provided to us. All information related to your Account such as, but not limited to, transactions (including specific information related to retail purchases), Account number and financial banking information (account number, bank routing information). 10 General Use Maintaining and servicing your Account, processing payments, charges, processing pre-authorized debits (PADs), balance transfers, and transactions, cheque and statement printing, data processing, market research, statistical analysis, modeling, legal, financial, and professional advisors, debt collection activities, distributing information and/or contests or promotional offers to you, assistance to third parties or investigative bodies to help prevent fraud, money laundering or other criminal activities, managing benefits or insurance associated with the product or service, loyalty, points, and rewards programs, quality assurance testing and monitoring, and other activities relating to the servicing or administration of the

11 Companies with Whom We Share Type of Personal Information Shared General Use Accounts, products and services you have with us, or as permitted or required by law Identification and verification, and to comply with legal, security, processing and regulatory requirements (including law enforcement agency requirements, Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers) Maintaining up to date information about you Determine whether we have customers who are politically exposed persons and comply with certain legal requirements Name, postal address, language preference, date of birth and, where required, and telephone number (including for text messaging), as well as all information relating to your current products. Other Personal Information may be included to allow for identification and security verification. Marketing of additional products and services, customer surveying, contests and/or other promotional offers Credit reporting agencies Information including, but not limited to, name, postal address, telephone number, date of birth, SIN (if provided), occupation, identification numbers, deposit/creditor information, Account number, credit limit, open date, payment history, delinquency, charge off history and, where applicable, reason for Account closure Assess and manage our credit risk Determine your credit eligibility at time of application and for ongoing monitoring of ability to repay credit obligations, identification and verification, and to comply with legal, security, processing and regulatory requirements (including Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers) Determine whether we have customers who are politically exposed persons and comply with certain legal requirements 11

12 Companies with Whom We Share Type of Personal Information Shared General Use Preparing credit reports for research, statistical analysis, modeling, and for identification purposes Prevention, detection, or suppression of fraud, financial abuse, criminal or suspicious activity Endorsing Financial Institutions (where applicable and as allowed by law only) Endorsing Organizations and Co-Brand Relationships All Personal Information relating to the Account for the purpose of fulfilling our obligations related to the Account Information related to your Account such as, but not limited to, purchases and transactions (including specific information related to retail purchases) Name, postal address, and telephone number Maintaining and servicing your Account, processing payments, charges, and transactions, cheque and statement printing, data processing, market research, statistical analysis, modeling, legal, financial, and professional advisors, managing benefits or insurance associated with the product or service, relationship management, loyalty, points, and rewards programs Marketing of additional products and services and determining your ability and stability to repay credit obligations Customer list verification / updating and contests All Personal Information relating to the Account for the purpose of fulfilling our obligations related to the Account Accrual of points, rewards, and incentives Information related to, but not limited to purchase and transaction volumes, specific information on retail purchases for rebate programs, and Account status changes Companies offering products or services directly related to the financial product or service we are providing to you Information received from you on applications - Name, postal address, language preference and, where required, telephone number, address, date of birth, and other identification information; together with information about your transactions with us, Account numbers, Account balances, payment history, open date, credit line, and Account activity Information related to your Account including but not limited to, purchase and transaction volumes, specific information on retail purchases and/or type of transactions, and fees, interest and service To perform market research, statistical analysis, modeling, to offer you products and services such as, but not limited to, balance transfers and alternative payment methods Security, verification, and communication 12

13 Companies with Whom We Share Type of Personal Information Shared charges on the Account General Use Companies, such as retailers, merchants, manufacturers, direct marketers, communications companies, travel companies, and the like, offering products or services not directly related to the financial product or service we are providing to you You may refuse or withdraw your consent to this information sharing at any time by calling us at Information received from you on applications - Name, postal address, language preference and, where required, telephone number, date of birth, and other identification information; together with information about your transactions with us, Account numbers, Account balances, payment history, open date, credit line, and Account activity Information related to your Account, including but not limited to, purchase and transaction volumes and specific information on retail purchases and/or type of transactions To perform market research, statistical analysis, modeling, to offer you products and services such as, but not limited to, financial services, credit insurance, travel insurance, and card registry services Security, verification, and communication Any person or organization, fraud prevention agency, regulatory or government body, the operator of any database or registry used to check information provided against existing information, or financial or lending institutions You may refuse or withdraw your consent to this information sharing at any time by calling us at Name, postal address, telephone number (including for text messaging), date of birth, SIN (if provided), occupation, Account number, expiry date, address, language preference and other information you may choose to provide us or that we collect from member lists or from third parties, such as Endorsing Financial Institutions, Endorsing Organizations, credit reporting agencies, financial institutions or employers that you have provided to us All information related to your Account such as, but not limited to, transactions (including specific information related to retail purchases), Account number and financial banking information (account number, bank routing information) Prevent, detect or suppress financial abuse, fraud, criminal activity, protect our assets and interests, assist us with any internal or external investigation into potentially illegal or suspicious activity or manage, defend or settle any actual or potential loss in connection with the foregoing Identification and verification, and to comply with legal, security, processing and regulatory requirements (including law enforcement agency requirements, Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers) Maintaining up to date information about you Determine whether we have customers who are politically exposed persons and comply with certain legal requirements CUETS Financial Only 13

14 Companies with Whom We Share Endorsing Financial Institutions (including Credit Unions and Caisses Populaires and their affiliates as permitted by law) Type of Personal Information Shared All Personal Information relating to the Account Information related to your Account, including but not limited to, date of birth, social insurance number, purchase and transaction volumes and specific information on retail purchases and/or type of transactions You may refuse or withdraw your consent to this information sharing at any time by calling us at: General Use To provide information and offers on products and services, administering and analyzing customer satisfaction surveys, modeling, to offer you products and services, contests or promotional offers to you, fulfilling information requests about products, services and the Account, and administering and maintaining the Account Security, verification, and communication Our Information Security Procedures Protect Your Personal Information We work hard to keep Personal Information secure. For example, our information security policies: Govern retention of information; Restrict access to information systems; and Specify password requirements. For your protection, please remember that your telephone and online chat conversations with our representatives and any of our agents and service providers may be monitored and/or recorded for quality control, education and record keeping purposes. Further, we share only the Personal Information we believe is needed to offer a product or service efficiently. Finally, we restrict the use of such Personal Information and require that it be kept secure. Access to and Correction of Personal Information Customers have access to their Personal Information that is reasonably available and retrievable in the ordinary course of business. Upon written specific request, we will disclose to customers Personal Information about them in our records, and customers may correct such Personal Information that is inaccurate or incomplete. It should be noted that we do not record in customers individual files when Personal Information was disclosed to third parties for routine purposes such as cheque printing, data processing, storage and regular updating of credit information to credit bureaus. If we are informed and it is determined that a customer s Personal Information file is inaccurate, we will take reasonable steps to correct it. To request access to your Personal Information in our possession, complete and submit a personal information request form or write to our Privacy Officer at: MBNA, P.O. Box 9660, Ottawa, ON K1G 6M9. To inquire about your Personal Information in our possession or make corrections to it, write to us at the same address outlined above. Normally, we will respond to access or rectification requests within 30 days. If for any reason we do not grant you access to file information about you, we will provide you with written reasons. Please note that in certain circumstances, we may not be able to provide you with access to specific portions of file information about you. For example, we will not provide you with access to the following information: Information subject to solicitor-client or litigation privilege; 14

15 Information containing references to other persons; Information containing our confidential or proprietary information; Information that cannot be disclosed for other legal or security related reasons, and as so permitted by law; Information that has been destroyed; or Information that is too costly or commercially unreasonable to retrieve, such as information that is dated and archived. Customer Privacy Concerns and Inquiries Our Privacy Officer is responsible for ensuring that our day to day procedures comply with the MBNA and CUETS Financial Privacy Notice. If you have any questions about our policies or practices related to managing Personal Information that have not been answered in the MBNA and CUETS Financial Privacy Notice, please let us know so that we may provide further information. Step 1 Talk to your MBNA and/or CUETS Financial Representative Resolving your concerns is important to us. In most cases it can be resolved simply by telling us about it. You should begin by talking to a customer service representative at Further steps you can take. If after the first step, you are still not satisfied that your concern has been resolved, we offer two more internal levels that can help you. Step 2 Elevate Your Concern As a next step, if your concern remains unresolved, you may contact a representative of our Senior Management team at Complete details on resolving your complaints can be found in the Account Agreement and on our website at Step 3 Contact the TD Ombudsman If your concern still remains unresolved after the first two steps, you may contact our Ombudsman directly as follows: Mail: TD Ombudsman P.O. Box 1, TD Centre Toronto, ON M5K 1A2 Telephone: (toll-free) (local) Office of the Privacy Commissioner of Canada (OPCC) The OPCC investigates privacy complaints under the Personal Information Protection and Electronic Documents Act (PIPEDA). If your complaint or inquiry concerns a privacy issue, please contact the OPCC as follows: Complaints Mail: Office of the Privacy Commissioner of Canada 112 Kent Street Place de Ville, Tower B, 3 rd Floor Ottawa, ON K1A 1H3 15

16 General Inquiries: Telephone: Fax: Website: Updates and Additional Information Amendments will be made to the MBNA and CUETS Financial Privacy Notice in a timely manner, to address changes to our information handling processes. We may add, modify or remove portions of the MBNA and CUETS Financial Privacy Notice when we feel that it is appropriate to do so. You may determine when the MBNA and CUETS Financial Privacy Notice was last updated by referring to the Date Last Revised displayed at the end of this MBNA and CUETS Financial Privacy Notice. This MBNA and CUETS Financial Privacy Notice replaces any previous notices from us about Personal Information collection, protection, use, sharing, disclosure, retention, and Internet privacy practices. We may amend the MBNA and CUETS Financial Privacy Notice at any time and without notice to you. MBNA is a division of The Toronto-Dominion Bank. CUETS Financial is a division of The Toronto-Dominion Bank. All trade-marks are the property of their respective owners. / MBNA and other trade-marks are the property of The Toronto-Dominion Bank CUETS is a trade-mark of Credit Union Central of Canada, used under license. Date Last Revised: June

17 MBNA and CUETS Financial Internet Privacy Practices Web Site Privacy Our Web servers automatically recognize, collect and retain information such as the server your computer is logged into, the domain name of your Internet service provider from which you access the Internet, your browser type (for example, Netscape or Internet Explorer), the corresponding Internet Protocol ( IP ) address, and the names of the pages you visit while at our Web site(s). This information is not personally identifiable and is used to improve the content of our Web sites and make them more useful. Our Web servers do not collect address(es) without your consent. We may ask you to provide us with your address at several points, including on applications, in correspondence or communications with you, and when you register for on-line banking services where it is required for us to provide the service. Registration for On-line Products or Services In order to provide you with a particular product or service on-line, we may request that you voluntarily supply us with Personal Information, including your address and Account number(s), which we may use for purposes such as correspondence, site registration, checking your statement on-line, conducting a transaction on-line or participating in on-line surveys (which may be conducted by us or by third party service providers) and enabling us to provide an on-line product or service to you in an efficient manner. As noted above, if you register for an on-line service or access our Web site from an or other personalized communication sent to you or provide us with Personal Information, you will allow us to identify you. For example, when you enroll for on-line services or submit an application on-line for one of our products or services, you provide us with Personal Information. When you register, apply or otherwise identify yourself, we may combine information about your use of and the on-line product or service you utilize with certain other on-line and offline information we have about you in order to customize your on-line experience and provide you with relevant on-line and offline offers and updates. Use of Your Address If you provide us with your address, or have done so in the past, or if we obtain your address from another source with your consent, we may send you s so that we can make offers or provide services to you if you are a customer. Examples of servicing include notifications that your on-line statement is ready for viewing or various alerts about your Account. We do not share any address you provide to us with our endorsing organizations or other companies to market their products or services. However, we may send you offers on behalf of our business partners and we may share your address for the purpose of surveying. We use both our servers and servers of other companies ( service providers ) to deliver and report on the progress of programs and to maintain, service and fulfill products and services. When we use a service provider, we prohibit them from using your address for any other purpose not outlined herein. Keep in mind that if you take advantage of an offer from one of our business partners and become their customer, they may independently send offers to you. In this case, you will need to inform them directly if you wish to decline receiving future offers. If you are an Account holder, we reserve the right to use the address(es) you provide to present you with information about your Account. This may include, but is not limited to, activating your Account(s), Account past due notices, fraud alerts, rewards, rates available for cash and balance transfers, adding an Authorized User, and any on-line banking services. With your consent, we may periodically send you marketing offers at the address(es) you provide, that may be of interest to you. We provide customers with an easy means to decline receiving offers. Although some 17